Until recently, when a lesbian
couple had a child through artificial insemination, only one member of the
couple was considered the legal parent of the resulting child at the moment of
birth. Today, in a small but growing number of states, this is no longer the
case. Instead, in this small group of states, from the moment of birth, both
members of the couple are treated as legal parents of a child born to the
couple through artificial insemination. While this advancement in state law is
tremendously important for many children, the resulting protections are
extremely tenuous. These children are assured protection only so long as they
and their families remain in one place, never crossing state lines. This essay
explores why this legal vulnerability exists and offers a proposal for
mitigating this potentially harmful state of affairs.

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